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ORDINANCE NUMBER 3434 AN ORDINANCE AMENDING TITLE 5, MISSOULA MUNICIPAL CODE, ENTITLED “BUSINESS LICENSES AND REGULATIONS “CHAPTER 5.08 ENTITLED “LICENSING PROVISIONS GENERALLY,” CHAPTER 8.20 ENTITLED “JUNK DEALERS,” CHAPTER 5.24 ENTITLED “PAWNBROKERS,” CHAPTER 5.28 ENTITLED “SECONDHAND DEALERS,” CHAPTER 5.40 ENTITLED “BOILER-ROOM OPERATIONS,” CHAPTER 5.52 ENTITLED “LIQUOR,” AND CHAPTER 5.90 ENTITLED “DEVICES DEPICTING SEXUAL ACTIVITY” REMOVING PROVISIONS RELATED TO RENTAL LICENSING AND INCREASING THE FEE PROVISIONS IN EACH CHAPTER’S FEE SECTION IN ACCORDANCE WITH THE RESULTS OF AN OFFICIAL 2010 FEE STUDY COMMISSIONED BY THE CITY OF MISSOULA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT SECTIONS 5.08.020, 5.08.030, 5.08.080, 5.08.130, 5.20.030, 5.24.030, 5.28.030, 5.40.030, 5.52.030, and 5.90.030 MISSOULA MUNICIPAL CODE BE AMENDED AS FOLLOWS: SECTION 1. 5.08.020 License-Application-Issuance procedure. A. The city treasurer shall be charged with the collection of all business license fees required by the city. The city treasurer shall provide blanks for applications and licenses in connection with the issuance of licenses. Applicants for licenses shall file with the city treasurer an application in writing on a form which shall contain the following information: 1. General Business License. a. Name, permanent address, business, home, and emergency phone numbers of the applicant b. Full business name c. Number of employees including owners and managers and part-time employees d. A brief description of the nature of the business e. If an agent or representative, the name and address and phone number of the principal f. The endorsement of the city zoning officer showing the business location sought to be licensed does not violate any city zoning provision g. Such other information as the ordinances of the city shall require. 2. Office Space, Retail; Wholesale or Warehouse Space. a. Name or rental agency, manager, or owner b. Name of building, if applicable c. The address of the building d. The business, home, and emergency phone number of applicant e. Amount of square footage in the building f. The endorsement of the city zoning officer showing the business location sought to the licensed does not violate any city zoning provision g. Such other information as the ordinances of the city shall require B. It shall be the duty of the city treasurer to issue a license upon presentation of a properly completed application blank together with tender of the appropriate license fee, unless upon review or inspection when inspection occurs by the local health officer, sanitary inspector, fire inspector, zoning officer, building inspector, or police officer indicates a violation of any city ordinance or code existing at the place of business sought to be licensed; in which case such inspector or officer shall submit a written description of the violation, specifying the steps necessary to qualify the premises for a license, a copy of which shall be furnished to the applicant. Inspections of existing single family residential dwelling units shall be performed on a complaint driven basis or at a time of new or remodeled construction nor change of type of land use. ---PAGE BREAK--- SECTION 2. 5.08.030 License-Fees-Schedule. The schedule of fees for a business license shall be as follows: Eighteen dollars and fifty cents ($18.50) per employee unless otherwise provided. The minimum license fee shall seventy four dollars ($74.00) and the maximum license fee shall be one thousand eight hundred thirty dollars ($1,830.00). A. The following license fees shall be determined on a basis other than the number of employees: 1. The license fee for the rental of office, retail, wholesale and warehouse space shall be one and seventy five hundredths ($0.0175) of a cent per square foot for retail and office space and eighty seven hundredths ($0.0087) of a cent per square foot for wholesale and warehouse space. The minimum license fee shall be seventy four dollars ($74.00) and the maximum shall be one thousand eight hundred thirty dollars ($1,830.00) for each building; 2. The license fee for market events such as the People’s Market, Hellgate Rendezvous, Southgate Mall Arts and Crafts Fair(s) or similarly organized markets shall be nineteen dollars ($19.00) annually per booth/table/slot. The event organizer (market master), oversight agency or management group) shall acquire these licenses for such vendors up to a maximum of one thousand eight hundred thirty dollars ($1,830.00) per year for the organized event(s). Any vendor desiring to market their products(s) outside of the confines of the above specified markets will be required to purchase the standard itinerant vendor license priced at seventy four dollars ($74.00) per year minimum. The event organizer will be required to keep a log containing the names and addresses of the daily participants for each market session. This special blanket license of certain small market events is not intended to include the special auto, boat, or RV show events nor is it intended to include any special sales involving these products. 3. Those license fees established in other section of this code. SECTION 3. 5.08.080 License—Contents. Each license issued under the provisions of this chapter shall state upon its face the following: A. General Business License 1. Name of the licensee and any other name under which the business is to be carried on 2. Number of employees as defined in Section 5.04.120 3. The address of the business 4. The amount of the license fee 5. The date of issuance and the date of expiration B. Office Space, Retail, Whole or Warehouse Space License 1. Name of the licensee and any other name under which the business is to be carried on 2. Address of building 3. The amount of the license fee 4. The date of issuance and the date of expiration ---PAGE BREAK--- 5. Amount of square footage in building SECTION 4. 5.08.130 Background Investigation requirements—Fee. A. Any full- and part-time employees of video inventorying services operating within buildings, any for-profit business conducting sales or solicitation at individual residences, tree trimming and spraying, itinerant vendors, transient merchants, boiler-room operations, chimney sweepers, home maintenance and repair businesses, except those that are licensed, bonded and insured pursuant to Montana state licensing laws or as an individual had a valid business license during the previous license year and locksmith businesses are required within ten days of employment to have reasonable background investigation included criminal record check made by the city police department. Employees of locksmith businesses must submit, or see that it is submitted, an application for an employees security check to the department and provide two classifiable sets of fingerprints within that ten-day period and are approved by the chief of police in order to be employed in any such business within the city limits of the city. “Home maintenance” means any business doing work with respect to the upkeep of any existing home, the property the home is on, or the fixtures comprising the home or which are within the home. A “fixture” means that which is fixed or attached to the home so as to become so related to the particular real estate that an interest in them arises under real estate law. B. The fee for such background investigation is necessary for additional employees, each employee must also pay forty two dollars ($42.00). C. The employer shall be responsible to see that each employee has made application for a security check within ten days of employment. D. Nothing in this section shall be construed to require any background check on any member of a bona fide law enforcement agency. E. If it appears that the issuance of a license or employee background investigation clearance may not be in the public interest because the individual has been convicted of any felony or a misdemeanor criminal offense involving theft, theft of services, fraud or deceptive practices the application shall be denied. If the applicant desires to file an appeal, the matter shall be taken before the city administrative appeal panel consisting of: the mayor or the mayor’s designee; the chairperson of the administration and finance committee or a committee person designated by the chairperson; and the city clerk, which shall conduct a due process hearing review of the appeal for determination. SECTION 5. 5.20.030 License—Issuance—Fee A. The city treasurer may issue a license to any person desiring to engage in business as a junk dealer pursuant to licensing provisions contained in Chapter 5.08. B. Any junk dealer also engaging in the business of secondhand dealing or pawn broking must have and endorsement on the business license indicating the types of business engaged in. No additional license fee shall be charged for extra endorsements, except that any business also engaging in pawn broking must pay an additional one hundred twenty one dollar ($121.00) fee to offset additional costs of regulating pawnbrokers. SECTION 6. 5.24.030 License—Issuance—Fee. A. The city treasurer may issue a license to any person desiring to engage in business as a ---PAGE BREAK--- pawnbroker pursuant to licensing provisions contained in Chapter 5.08. In addition to the license fee required by that chapter, a person engaging in pawn broking must pay an additional one hundred twenty one dollar ($121.00) fee to offset costs of regulating pawnbrokers. B. Any pawnbroker also engaging in the businesses of secondhand or junk dealing must have an endorsement on the business license indicating the types of business engaged in. No additional license fee shall be charged for extra endorsements. SECTION 7. 5.28.030 License—Issuance—Fee. A. The city treasurer may issue a license to any person desiring to engage in business as a secondhand dealer pursuant to licensing provisions contained in Chapter 5.08. B. Any secondhand dealer also engaging in the business of pawn broking or junk dealing must have an endorsement on the business license indicating the types of business engaged in. No additional license fee shall be charged for extra endorsements, except that any business also engaging in pawn broking must pay an additional one hundred twenty one dollar ($121.00) fee to offset additional costs of regulating pawnbrokers. SECTION 8. 5.40.030 License—Fees. The license fee for such boiler-room operation shall be as follows: A. One to four telephones, seventy four dollars ($74.00) per week for each week of operation or portion thereof; for each additional phone per week over four, nineteen dollars ($19.00) per week per phone. B. After having been licensed for twenty-six consecutive weeks at the weekly rate, a boiler-room operation may choose to be licensed at the following annual rates. Such annual license shall expire at the same time as general city business licenses. There shall be no prorating of annual licenses for boiler-room operations: 1. One to seven telephones, one thousand eight hundred thirty dollars ($1,830.00) for an annual license 2. Eight or more telephones, three thousand four hundred twenty five dollars ($3,425) for an annual license. 3. Whenever a boiler-room operation purchases an annual license for one thousand eight hundred thirty dollars ($1,830.00) and later increases its number of telephones utilized for telephone solicitation to eight or more, it shall be required to pay an additional one thousand five hundred ninety five dollars ($1,595) license fee in order to pay the full license equivalent for having eight or more telephones. All boiler-room operation license fees are nonrefundable. SECTION 9. 5.52.030 License—Required—Fee. Any person desiring to sell liquor, beer, and/or wine in the city shall, in addition to obtaining a license from the Montana State Department of Revenue, obtain a license by paying an annual license fee as follows: A. Each beer retailer, two hundred dollars ($200.00); with a wine license amendment, an additional two hundred dollars ($200.00) B. Beer license for any unit of a national chartered veterans organization, fifty dollars ($50.00) C. All beverage license (liquor, beer, and wine), five hundred dollars ($500.00) ---PAGE BREAK--- D. All beverage license for any unit of a nationally chartered veterans organization, four hundred six dollars and twenty-five cents ($406.25) E. The fee for the issuance of a new license subsequent to the first day of the current year for which such license may be issued shall be prorated on a semiannual basis. SECTION 10. 5.90.030 License—Fee. The license fee for a device under this chapter shall be one hundred twenty one dollar ($121.00) per machine per business licensure year. The annual business license shall be effective for a maximum time period of one year in accordance with the city’s general annual business licensure year from June 1st each year to the final day of May of the following year. All annual business licenses expire on the final day of May each calendar year. EFFECTIVE DATE: The effective date of this ordinance shall be January 1, 2011. SEVERABILITY If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by 8 ayes, 3 nays, 0 abstentions and 1 absent and APPROVED by the Mayor this 28th day of June, 2010 ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL)